Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/13336
Title: The Creation of University Intellectual Property: Confidential Information, Data Protection, and Research Ethics
Contributor(s): Perry, Mark  (author)orcid ; Wilkinson, Margaret Ann (author)
Publication Date: 2010
Handle Link: https://hdl.handle.net/1959.11/13336
Abstract: Protection of commercial confidences is both required as part of the intellectual property provisions of current trade agreements and routinely prerequisite for achieving patent protection. This paper discusses the protection of such commercial confidences and the relationship of this protection with the statutory regime in Canada of personal data protection, but does so within the specific context of an examination of these matters in light of the governance of the processes of research conducted in universities. The nexus of university research and commercial research occurs frequently - for example, in the area of the development and testing of drugs in Canada. The paper demonstrates that there are problems in bringing together and integrating the law of protection of confidential information and personal data protection with university practices in Canada. We analysed the research policies of research-intensive public universities across Canada; the Tri-council policy statement, which governs their research practices; and the legal requirements applicable to the universities in Canada's provinces. The paper demonstrates that there is a disjunction between the law, university policies, and Tri-Council policy.
Publication Type: Journal Article
Source of Publication: Canadian Intellectual Property Review, v.26, p. 93-122
Publisher: Intellectual Property Institute of Canada
Place of Publication: Canada
ISSN: 0825-7256
Fields of Research (FoR) 2008: 180122 Legal Theory, Jurisprudence and Legal Interpretation
189999 Law and Legal Studies not elsewhere classified
180115 Intellectual Property Law
Socio-Economic Objective (SEO) 2008: 949999 Law, Politics and Community Services not elsewhere classified
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article

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